Business and Dealings

Commission

Q: A friend and I want to sell cars together. He has the experience in buying and I have the cash. This is how we wish to work.

1. He will find me the right car that is worth buying to resell.

2. I must buy the car myself with my money.

3. He will find me buyers.

4. I must sell the car myself to the buyer.

5. He (my friend) will get a cut from the profit of the sale.

Is this way of dealing correct? He will not put money in, but will basically do the work of finding the supply and buyers. I must do all transactions, If I loose for some reason he will not share the loss. He will only take a share in the profit of a winning deal.

Signing a letter without reading it

Q: I moved to another house and my previous landlord kept my deposit and they made me sign a letter that I did not read. That letter was mandatory to sign to vacate the house. After moving to another house, they sent me a letter and said I pay some amount of money for cleaning the previous house. I want to ask if I will not pay that amount and I signed the paper (which was mentioned to you above) so it is dishonesty or a sin?

Subscribing to the Medical Protection Society (MPS)

Q: Certain doctors apply for jobs in private hospitals. The requirement for getting the job is that they need to have membership with the Medical Protection society (MPS). If they do not have such a membership, the hospital will not employ them. Monthly payment is made and in return the medical practitioners/doctors receive advice and direction in the medical field. The MPS also pays for legal claims against the practitioner/doctor. Is membership to the MPS permissible or this resembles insurance?

Pooling money together to purchase a property in partnership

Q: Mr Company intends buying a property for R10 million. They have R4 million available and want others to invest the remainder of the money with them. Ishaaq, Saleem and Faheem are willing to invest. Ishaaq will invest R3 million, Saleem R2 million and Faheem R1 million. They want to invest in it on a diminishing mushaarakah basis. The profits and losses will be shared according to the capital contribution, and the company is willing to pay all 3 of them off in approximately 5 years.

Assuming that the property yields a rental income of R100 000 a month (R1.2 million a year)

Income distribution

 Mr CMr CIshIshSalSalFahFah
Year 140%R48000030%R36000020%R24000010%R120000
Year 255%R66000025%R30000015%R1800005%R60000
Year 370%R84000020%R24000010%R120000
Year 480%R96000015%R1800005%R60000
Year 5100%R1200000

 

Purchase of Shares by Mr Company

 Mr CMr CIshIshSalSalFahFah
Year 140%R4 mil30%R3 mil20%R2 mil10%R1 mil
Year 255%R5.5 mil25%R2.5 mil15%R1.5 mil5%R500 000
Year 370%R7 mil20%R2 mil10%R1 mil
Year 480%R8 mil15%R1.5 mil5%R500 000
Year 5100%R10 mil

1) Is the above form of investment permissible?

2) Is it permissible to change the profit sharing ratio to suit the needs of the investors, different from the capital contribution ratio? For example, in the
above scenario, Mr Company contributed 40% and Faheem 10%, but in order to please Faheem, they agree to let him take 15% profit while Mr Company takes 35%?

3) Is it permissible to fix an amount to be paid to a certain investor? For example, every month as a return on his investment, he will receive R20 000?

4) Is it permissible to set a fixed percentage of the investment as a return? For example, he will receive a 10% return on his investment monthly?

5) For the sake of ease in distributing the profits, is it permissible to distribute the profits during the year based on estimated profits that will
be received, and at the end of the year, make the necessary adjustments based on the actual profits that were received? Thus, at the end of the year, the profits will be adjusted for each shareholder in accordance to the actual profits received.

Employees starting their own company

Q: My friends and I are planning to register a company which focuses on construction solutions. Presently, we are working in a company as employees and all of us are working in different sectors. Our employer has several businesses, and healthcare is one of them. For each machine installation, they hire a third party for construction and finishing works. My question is that we are the employees of the same company and now we want to open our own company to be the third party for their construction work. Can we take orders for construction jobs from our company without showing them that we own the third company? Will this be permissible?